Member D McDougall Tribunal Member J Gallacher Mr M Sangare v Arnold Clark Automobiles Limited — 2024

The tribunal dismissed all claims. On whistleblowing, it found the claimant's January 2023 complaints to his manager about a colleague's manner, and about copying passwords to a new server, did not amount to protected disclosures. It also found the claimant's email of 19 June 2023, although it disclosed information about team interactions and password practices, did not in the claimant's reasonable belief tend to show a breach of legal obligation or a health and safety risk, and was not made in the public interest.

On victimisation, the tribunal found the claimant did not do a protected act. His complaint on 12 January 2023 about the way a colleague had spoken to him did not allege discrimination or any Equality Act contravention, and his 19 June 2023 email likewise did not allege that any treatment was because of race or another protected characteristic.

On harassment related to race, the tribunal accepted that the claimant found three interactions with Jason White upsetting and unwanted. However, it found those interactions arose from Mr White's views about the claimant's work proposals and from Mr White's generally forthright communication style, not from the claimant's race. The tribunal noted evidence that Mr White spoke bluntly about and to white colleagues as well.

On direct race discrimination, including dismissal, the tribunal found that the respondent's managers genuinely considered there to be performance concerns and escalated those concerns on that basis. It accepted that the claimant was shocked because concerns had not been clearly raised with him beforehand, but found that race played no part in the decisions of his managers or HR to commence the continued employment process or to dismiss him on 22 June 2023.